The Allahabad High Court has granted relief to MLA Abbas Ansari, the son of Mukhtar Ansari in connection with making controversial statements during the assembly elections.
The Court stayed the order passed by the Special Judge (M.P/M.L.A) Court / Additional Chief Judicial Magistrate (Senior Division), Mau, as the state Government failed to file a counter affidavit in the case.
A Single Bench of Justice Samit Gopa passed this order while hearing an Application under section 482 filed by Abbas Ansari and Another.
On 06.09.2022 the Court passed the following order:-
“Heard Upandra Upadhyay, counsel for the applicants and Ratnendu Kumar Singh, counsel for the State.
State counsel prays for two days’ time to seek instructions in the matter. Prayer is allowed.
List on 9.9.2022 as fresh.”
On 15.09.2022 the Court passed the following order :-
“Upendra Upadhyay, counsel for the applicants and Ratnendu Kumar Singh, counsel for the State are present.
Counsel for the State states that the applicant has a criminal history which has not been disclosed in the affidavit and the averment in para 9 of the affidavit is vague. He prays for and is granted two weeks time to file a counter affidavit. One week, thereafter to file a rejoinder affidavit.
List on 14.10.2022.”
The Court noted that,
On October 14, when the matter was taken up the counsel for the State stated that due to some difficulty the counter affidavit could not be prepared and as such prayed for 10 days time again to file the same.
Counsel for the applicants seriously opposes the same and states that the matter has been lingering on since 06.09.2022 and initially counsel for the State was granted time to seek instructions after which he was granted time to file counter affidavit but there is no counter affidavit filed and in the meantime, the Investigating Officer has applied for issuance of non-bailable warrant against the applicants.
He states that as such the interest of the applicants be protected as the applicants are pursuing the remedy available to them at this stage by filing the petition and as the State has not filed any counter affidavit even after about a month of the order directing to file the same.
Counsel for the applicants states that it is only because of the inaction of the State before the Court the case is not being heard.
The Court said that it is about a month since time has been granted to the counsel for the State to file counter affidavit but no counter affidavit has been filed and further prayer for time is being prayed for the same. If this is so then the applicants surely need some protection.
“Till the next date of listing, the order dated 23.05.2022 passed by the Special Judge (M.P/M.L.A) Court / Additional Chief Judicial Magistrate (Senior Division), Mau, shall remained stayed.
Let the matter be listed on 22.11.2022 within the first five cases.
The order has been passed only because of the inaction of the State of not filing any counter affidavit”, the order reads.